DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The examiner acknowledges applicant’s amendments to claims 1-12 and the cancellation of claims 13-26 filed June 17, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2, 9, and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 2, it is unclear what applicant considers as the “remainder” of the motor vehicle lock. Specifically, the term “motor vehicle lock” within the claims does not set forth a specific physical structure, but an assembly of components, as set forth in claim 1, and therefore, the “motor vehicle lock” does not provide structure that could include a remainder to which the crash element is mounted. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 9, the claim language suggests that the detent pawl and the actuating arrangement are located on the same side of the crash element and that the positionally fixed support is located on an opposite side of the crash element. This is not supported by the specification and drawings. As shown in Figure 1, the detent pawl 4 and the positionally fixed support 25 are located above the crash element 8 and the actuating arrangement 6 is located below the crash element, therefore, the detent pawl and actuating arrangement are not located on the same side of the crash element as suggested by the claim language. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 10, the claim is rejected under 35 U.S.C. 112(b) because it depends from claim 9.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-14, 25, and 26 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kim (US-7478848) in view of Spitzley (US-6042159).
In regards to claim 1, Kim discloses a motor vehicle lock (the handle device, as shown in Figure 3, and the inherent vehicle door locking device connected to handle device that locks and unlocks the door as is known in the art, as a unit, Col. 4, lines 7, 8, and 15-18) for a motor vehicle door arrangement, the locking device of the motor vehicle lock being brought into a released state by means of an actuating arrangement (the handle or grip attached to the base 10 and lever 20, as a unit), wherein a crash element 42 is provided as part of the motor vehicle lock (the motor vehicle lock considered as the handle device shown in Figure 3 and the inherent vehicle door locking device connected to the handle, as a unit), wherein, in order to avoid a crash-induced releasing of the locking device with a component (at least one of the deformed components, Col. 4, lines 9-14) of the motor vehicle door arrangement, the crash element is displaceable with the component motor vehicle door arrangement by a crash-induced deformation of said component into a crash position (position in which portion 42a engages slot 21a, Col. 3, line 60 – Col. 4, line 32), such that the crash element blocks the actuating arrangement (Col. 3, line 60 – Col. 4, line 32), wherein a crash element mounting 41 is provided, said crash element mounting being configured as a linear guide and in which the crash element is displaceably guided (as shown in Figure 5 below, the sides of the mounting are linear, and therefore, the crash element mounting is a linear guide in which the movement or displacement of the crash element is guided).
Kim fails to specify that the locking device of the motor vehicle lock includes a lock latch and detent pawl, with the lock latch configured to be brought into an open position and into a closed position, wherein the lock latch, when in the closed position, is in engagement with a striker, wherein the detent pawl is configured to be brought into an engaged position, in which said detent pawl fixes the lock latch in the closed position, and wherein the detent pawl is configured to be lifted into a release position, in which said detent pawl releases the lock latch to the open position, with the detent pawl being configured to be brought into the release position by the means of the actuating arrangement, and the detent pawl being configured to lift to the release position during a crash by a lifting of the handle device during the crash. Spitzley et al. teaches a motor vehicle lock 10, 43 (as a unit) for a motor vehicle door arrangement 26, the motor vehicle lock comprising a lock latch 48 and a detent pawl 52, wherein the lock latch is configured to be brought into an open position and into a closed position (Col. 4, lines 4-16), wherein the lock latch, when in the closed position, is in engagement with a striker 50, wherein the detent pawl is configured to be brought into an engaged position, in which said detent pawl fixes the lock latch in the closed position (Col. 4, lines 4-16), wherein the detent pawl is configured to be lifted to a release position (lifted by the handle device using connecting link 54, Col. 4, lines 4-16), in which said detent pawl releases the lock latch to the open position, wherein the detent pawl is configured to be brought into the release position by means of an actuating arrangement 32, 54, and the detent pawl is configured such that a crash-induced lifting of the detent pawl to the release position can occur by a lifting of a handle or grip 30a of the handle device (Col. 4, lines 4-65). It would have been obvious to one of ordinary skill in the art at the time the invention was made to specify that the locking device of Kim includes the known structure of a lock latch and detent pawl, with the actuating arrangement of Kim being connected to the detent pawl such that in the event of a crash, the movement of the handle or grip can cause a lifting of the detent pawl, but that this lifting can be prevented by preventing the movement of the handle or grip, as disclosed by Kim.
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In regards to claim 2, Kim discloses that the crash element mounting is fitted onto a remainder or portion 11 of the motor vehicle lock.
In regards to claim 3, Kim discloses that the crash element has a guide section 42a which is in guiding engagement with the crash element mounting (Figure 5).
In regards to claim 4, Kim discloses that the crash element has an engagement section 42b for engagement with the component of the motor vehicle door arrangement that has undergone the crash-induced deformation (Col. 4, lines 9-14).
In regards to claim 5, Kim discloses that the crash element is prestressed by a spring arrangement 43 (when considering the embodiment in Figure 8).
In regards to claim 6, Kim discloses that the crash element is configured to be in an inoperative position (Figure 8) into which said crash element is prestressed by a spring arrangement 43, and wherein the crash element has a supporting section (portion with pins 42c, Figure 8) which supports the spring arrangement in relation to a portion 11 of the motor vehicle lock (Figure 8).
In regards to claim 7, Kim discloses that the crash element is clipped into the crash element mounting (clipped, snapped, or elastically fitted into holes 41c, Col. 4, lines 47-52).
In regards to claim 8, Kim in view of Spitzley et al. teaches that the actuating arrangement has a pivotable outer actuating lever 20 (Kim), wherein an actuation of the outer actuating lever in an actuatiing direction brings about the lifting of the detent pawl, and wherein the crash element, when in the crash position, blocks the actuation of the outer actuating lever in the actuating direction (blocks by engagement with slot 21a of the actuating lever, as disclosed by Kim).
In regards to claim 9, Kim in view of Spitzley et al. teaches that the crash element, during the displacement thereof into the crash position, is displaced between the detent pawl and the actuating arrangement (apparent from Figure 3 of Kim and Figure 8 of Spitzley et al. that the crash element is located between the locking device having the detent pawl and the actuating arrangement or lever 20) and a positionally fixed support 11 such that at least some of a force flux of a blocking force blocking the detent pawl and the actuating arrangement (blocking the detent pawl via the blocking of the actuating arrangement) can run via the positionally fixed support and outside of the crash element mounting (since the crash element mounting is fixed to the support 11, the force flux from the blocking force, which is a direct result of the force on portion 42b of the crash element, is capable of running via the support to outside or exterior to the crash element mounting).
In regards to claim 10, Kim discloses that the positionally fixed support is arranged immovably on a housing plate of the locking device of the motor vehicle lock (immovably arranged on housing plate or plate portion 10 in Figure 3).
In regards to claim 11, Kim discloses that an actuating lever 20 of the actuating arrangement is configured to pivot about an actuating lever axis (axis through the length of pin 21, Figure 3), and wherein a geometrical bearing axis (axis through pins 42c, Figure 8) of the crash element mounting is positioned in relation to the actuating lever axis (Figure 6).
In regards to claim 12, Kim discloses that the crash element, during a crash-induced displacement into the crash position, is destroyed in such a manner that the blocking of the detent pawl and of the actuating arrangement is ceased after crash accelerations have occurred (at least the embodiment in Figure 3 is capable of being destroyed or broken under a large enough force, Col. 5, lines 7-10).
Response to Arguments
In light of applicant’s remarks concerning the Kim reference and after further review of the limitations of claim 1, a new interpretation of the Kim reference is applied to claim 1 above. The examiner would like to note that the motor vehicle lock of Kim is considered as the handle device shown in Figure 3 and the inherent vehicle door locking device connected to the handle, as a unit, and therefore, the crash element is part of the motor vehicle lock. Also, the claim does not require that the movement or displacement of the crash element be linear, only that the crash element mounting be configured as a linear guide, and therefore, since the crash element mounting has linear or flat guide surfaces, then the claim limitations are met.
In light of applicant’s amendments to the drawings and the claims, the drawing objections set forth in the previous Office Action are withdrawn.
In light of applicant’s amendments to the claims, the claim objections and rejections under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn, however, new rejections under 35 U.S.C. 112(b) are set forth in the current Office Action based on applicant’s amendments to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 August 28, 2026
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